US Immigrant Visa Pause for Nepal Ends; Judge Denies Stay

The US immigrant visa pause for Nepal, part of a State Department policy that stopped immigrant visa issuance to nationals of 75 countries from 21 January 2026, is no longer in effect. A federal court vacated the policy on 21 August 2026, and on 25 September 2026 the same judge refused the government’s request to pause her ruling while it appeals.

Key facts

• The pause took effect on 21 January 2026 and covered 75 countries. Nepal was on the list; India was not.
• On 21 August 2026, the US District Court for the Southern District of New York vacated the policy in CLINIC v. Rubio.
• The State Department says the pause has not been in effect since 21 August 2026.
• The government filed an appeal to the Second Circuit on 10 September 2026, according to a law-firm update.
• On 25 September 2026, Judge Jeannette A. Vargas denied the government’s request for a stay.

What changed

In January 2026, the State Department paused immigrant visa issuance for nationals of 75 countries it said were at high risk of relying on US public benefits. Interviews could still be held, but visas were not being issued.

The State Department’s page, updated on 28 August 2026, now says that “the January 2026 pause of immigrant visa issuance to nationals of 75 countries is no longer in effect,” in line with the court’s order.

The government appealed and asked the court to suspend the ruling. On 25 September 2026, Judge Vargas said no. NEPYORK reports she found that “the balance of equities and the public interest weigh heavily against a stay.” To stop the ruling now, the government would need to ask the Second Circuit.

Who is affected

The US immigrant visa pause for Nepal affected Nepali nationals applying for immigrant visas (green cards) from abroad. This includes spouses, parents and children of US citizens, family preference applicants, and employment-based immigrants processing through US Embassy Kathmandu or another consulate.

It did not cover nonimmigrant visas such as F-1 student or B-1/B-2 visitor visas. Indian nationals were not on the list.

What it means for Nepali applicants

Nepali families whose immigrant visas were refused or held only because of the pause can now be considered again. CLINIC says the court also set aside visa refusals made solely on the basis of the policy.

A law-firm update says the State Department told consulates on 10 September 2026 to review affected refusals “starting with the oldest cases”. This is not a quick fix for every case. Other checks, including public charge review, still apply.

What to do now

1. Check your case status on the CEAC website or with the embassy that handled your interview.
2. If you received a 221(g) refusal only because of the pause, watch for embassy contact. A law-firm update says applicants generally have one year from refusal to submit requested documents without reapplying.
3. Keep your civil documents, police certificates and medical exam dates current, as some expire.
4. Have your US sponsor prepare an up-to-date Affidavit of Support, since public charge review continues.
5. Follow the State Department page and the Embassy Kathmandu website for updates on the appeal.

What we don’t know yet

• Whether the Second Circuit will be asked to pause the ruling, and what it will decide.
• How quickly Embassy Kathmandu will reschedule or reissue visas for affected Nepali applicants.
• Whether the government will introduce a new, different restriction. The State Department has used other visa pauses this year.
• A separate diversity visa (DV) pause is in place and is not covered by this ruling. We have not covered DV cases here.

Frequently asked questions

Is Nepal still on the US immigrant visa pause list?

The pause is not in effect. The State Department says it ended on 21 August 2026 under a court order, and the judge refused on 25 September 2026 to suspend that order.

Does this affect Nepali student visas?

No. The pause only covered immigrant visas. F-1 student visas were not part of it. See our F-1 student visa from Nepal guide for the student process.

Could the pause come back?

Possibly. The government has appealed to the Second Circuit. If that court rules for the government, the policy could return.

Sources

• US Department of State: Immigrant Visa Processing Updates for Nationalities at High Risk of U.S. Public Benefits Reliance
• CLINIC: CLINIC Welcomes Federal Court Decision Vacating Discriminatory 75-Country Visa Ban
• NEPYORK: Judge Rejects Trump Administration Bid to Pause Immigrant-Visa Ruling
• Clinch Law: CLINIC v. Rubio Update: Immigrant Visa Interviews and 221(g)

Last checked: 2 October 2026. This is general information, not immigration advice.